The article first appeared in India Today on Jan 28, 2025.
The H-1B visa is one of the most sought-after non-immigrant visas, particularly among Indian professionals, allowing them to work in the United States for up to six years. However, since this visa is temporary, many H-1B holders seek permanent residency (Green Card) through employment-based sponsorship. The I-140 petition is a crucial step in this process, serving as the foundation for obtaining a Green Card.
The I-140 petition, officially known as the “Immigrant Petition for Alien Worker,” is filed by a U.S. employer on behalf of a foreign employee to establish eligibility for permanent residency. It falls under the employment-based (EB) Green Card categories, including EB-1 (priority workers), EB-2 (advanced degree professionals), and EB-3 (skilled and professional workers).
To file an I-140 petition, the employer must first complete the PERM labor certification process, except for certain EB-1 and National Interest Waiver (NIW) applicants. The labor certification ensures that no qualified U.S. worker is available for the position, thereby justifying the need to hire a foreign professional.
Many H-1B visa holders transition to a Green Card through employment-based sponsorship. The process typically involves:
PERM Labor Certification: The employer proves that hiring a foreign worker will not negatively impact U.S. workers.
Filing the I-140 Petition: Once the labor certification is approved, the employer submits the I-140 petition to U.S. Citizenship and Immigration Services (USCIS). This establishes that the foreign worker qualifies for permanent residency.
Priority Date and Visa Bulletin: Each approved I-140 receives a priority date, which determines when the applicant can move to the final stage. Due to per-country limits, Indian applicants often face long waits.
Adjustment of Status (I-485) or Consular Processing: Once the priority date becomes current, the applicant can file for adjustment of status (Form I-485) if already in the U.S. or opt for consular processing if abroad.
The I-140 petition is critical because it locks in the priority date, allowing applicants to stay in the Green Card queue. Additionally, after 180 days of I-140 approval, H-1B holders can change employers without losing their Green Card application status.
Despite political scrutiny, the H-1B to Green Card pathway remains a crucial immigration route, helping skilled professionals achieve permanent residency in the U.S…
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